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HomeMy WebLinkAbout2008-11-12 Business Meeting MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, NOVEMBER 12, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Anna Johnson, Communications; and Nancy Blankenship, Judy McCaul, Melodie Kirk and Wanda Houston, Clerk's Office. Also present were Laurie Craghead, Legal Counsel; Sherri Pinner, Mental Health Department; Ken Hales, Corrections; Peter Gutowsky, Peter Russell and Kevin Harrison, Community Development; media representative Hillary Borrud of the Bulletin; and six other citizens. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Ann Johnson introduced Redmond High School student Margo Caramella, who is job shadowing today. The Commissioners read a letter congratulating Clerk Nancy Blankenship and her staff on how well they handled last week's election. Andrea Blum of the League of Women Voters praised the Clerk's staff for how they conduct elections and how well they operate throughout the year. 2. Before the Board was Consideration of Second Reading and Adoption of Ordinance No. 2008 -034, Amending County Code in regard to Corrections Supervisory Authority Board Membership. Ken Hales gave a brief overview of the ordinance. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 1 of 10 Pages DALY: Move second reading, by title only. BANEY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Chair Luke conducted the second reading, by title only. BANEY: Move adoption. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Commissioner Baney commented on recent changes within the Adult Parole & Probation Department and Juvenile Community Justice Department and how smoothly the changes and transition have taken place. 3. Before the Board was Consideration of Signature of Document No. 2008- 596, the Accountable Behavioral Health Alliance Contract with the Oregon Division of Medical Assistance for Mental Health Services for Oregon Health Plan Members. Sherri Pinner explained the item, which has no substantial changes from the previous agreement. ABHA Commissioner liaison Baney concurred. BANEY: Move adoption. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 4. Before the Board was Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2008 -026, regarding Code Violations and Enforcement. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 2 of 10 Pages Laurie Craghead stated that there have been no changes since this item was discussed in various work sessions. Commissioner Luke asked if anyone wished to testify; there was no response. BANEY: Move first and second readings by title only. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. BANEY: Move adoption by emergency. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Before the Board was Consideration of Approval of the Consent Agenda. BANEY: Move approval. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Consent Agenda Item 5. Signature of Resolution No. 2008 -141, Appropriating a New Grant in the Mental Health Department 6. Signature of Resolution No. 2008 -142, Transferring Appropriations in the Information Technology Reserve Fund 7. Signature of Order No. 2008 -090, Assigning the Name of Wild Horse Trail to an Unnamed Access Road 8. Signature of Order No. 2008 -089, Assigning the Name of SW Indian Court to an Unnamed Access Road 9. Signature of a Letter Appointing Ramon Hone' as the Ex- Officio County Representative of the Deschutes County Historical Landmarks Commission Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 3 of 10 Pages 10. Economic Grant Request: • Kashmir Family Aid — Redmond School District Project - Commissioner Baney granted $1,000 and Commissioner Luke granted $500. 11. Approval of Minutes: • Business Meeting: November 3 and 10 • Work Sessions: July 23; November 3, and 5 CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District for Two Weeks, in the Amount of $11,395.97. BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 13. Before the Board was Consideration of Approval of Accounts Payable Vouchers for the Extension /4 -H County Service District for Two Weeks, in the Amount of $18,692.71. BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. Before the Board was Consideration of Approval of Accounts Payable Vouchers for Deschutes County for Two Weeks, in the Amount of $2,372,677.89. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 4 of 10 Pages BANEY: Move approval, subject to review. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. 15. Before the Board was Discussion of Bend Urban Growth Boundary Expansion Issues. Peter Gutowsky stated that the Board asked for additional work sessions prior to the November 24 public hearing regarding this issue. Peter Russell, transportation planner, also spoke. Commissioner Luke asked about the Ward property and what part of Knott Road would be included in the UGB. Mr. Gutowsky said that a legal description — metes and bounds — has to be prepared by the City; however, City staff is not sure that there is consensus on this. Mr. Russell stated that a transportation analysis was done in July 2007; it is not clear if an additional study was done, however. In terms of Baker Road, there are some operational challenges in that area. The railroad crossing has also presented problems. The City is looking at medical facilities in that area but it is a high traffic generator. The Knott Road/China Hat Road intersection is also a concern. If the entire Ward property is brought in, perhaps 91 acres will need to be taken out somewhere else. Commissioner Luke asked about Butler Market and Hamby Road. Mr. Russell said that the city has suggested industrial and high density residential, which has implications for north -south transportation. Commissioner Luke asked when this type of ting is addressed. Mr. Russell stated that the UGB process is not as strict as the transpiration planning process when it comes to the details. Mr. Gutowsky stated that Juniper Ridge that is already in the City, and that area is in a holding pattern. Commissioner Baney had asked earlier whether the 060 will provide for mitigation or collection Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 5 of 10 Pages Commissioner Daly asked about the 1/4 mile buffer on the western properties. Mr. Russell stated that the City PC recommended approval with seven or eight issues. One was the buffer area. They listed the pros and cons of various approaches. They are thinking 1/2 miles buffer from the west side boundary. The City Council will not weigh in on this until the work session of November 17. There should be an updated packet of materials coming from City staff soon. Mr. Russell said that the concept is to designate those areas on the fringe as residential low density. The City's legal staff is working on justifying which properties and how they will be used. One of the strategies is the timing of Statewide Goal 5. The City appears to want to wait to do the expansion of inventory after the UGB is expanded and prior to annexation. That would be the time when the City would more fully identify the properties. Commissioner Luke stated that Buck Canyon Road is not in its right -of -way. If it is included he wonders how that will be corrected. Mr. Russell said that ODOT is aware of it. The City is bringing in #4 priority properties but not including #2 properties. It does not make sense to exclude the Ward property and part of Knott Road. Commissioner Baney said that the letter from Jody Ward was brief. The Wards want to see what happens at the State first. She said that although the City said they have not had time to do a goal review, this needs to be done. Mr. Russell said that in terms of a TPR, if you don't have a specific use for a parcel, you look at the highest possible trip generator. They will consider mid- range uses. Some of the proposed uses involve high trip generators. Commissioner Baney said it sounds like they want to move the document forward, have it go to the State and bounce back. Mr. Gutowsky stated that on October 8, they submitted a modified LCDC notes, and held a hearing on Oct. 27. They did not have their full findings ready until October 20, which only gave DLCD a week for review. They also asked for the state's legal authority in this issue. It is possible that about a week from today the State may have a detailed letter evaluating the proposal. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 6 of 10 Pages He does not think it is the goal of the City to forward a document to the State that ends up remanded. He believes that is their goal for the State not to remand but to accept it as written. The County essentially allows the State to critique the goals. It is up to the City to present and justify their findings, and City staff says that they feel it will hold up. The Board would then consider this document. Commissioner Luke asked if a legal description has to be in place or whether that poses problems with the plan. Laurie Craghead said that she doesn't know the exact description. There doesn't have to be much in the way of public comment on the metes and bounds, and approval can happen with a condition of having the metes and bounds. Peter Russell said the metes and bounds description needs to be reviewed by the Road Department and the GIS Department. It should be on the outside of the right of way of any road it touches. Some verification is necessary to make sure what is described is what is coded into the system. Commissioner Luke said that once an area is annexed, the cities have agreed to take over maintenance of the roads within it. Therefore, it is important that major roads be a part of the annexation. Commissioner Baney asked if the metes and bounds description coming in later might raise some concerns. Ms. Craghead said that the likelihood is minimal. The act of creating the legal description is administrative in nature and is based on directions as to where it should be on the maps. It is not a policy issue, just administrative. Mr. Gutowsky stated that once you have the metes and bounds description, you know exactly the size of the annexation. The planned amount at this time is about 9,800 acres, and this amount could change in a small way but the City needs to make sure the findings and documents quote the exact areas. It is good planning to have the numbers match the UGB. Commissioner Daly said that they are still county maintained roads until the City annexes the area. Mr. Russell stated that there are policies as to how these roads are managed over time. Deschutes Market Road is an example. Some will be in the City, some will not, so there will have to be some level of refinement regarding County and City use and parameters. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 7 of 10 Pages Mr. Gutowsky said that all County documentation was made available to the City on Monday so that it can be provided to its elected officials in advance. Dave Kanner asked if there is some kind of geographic feature of the Ward property as to why it was not all included. Mr. Gutowsky replied that he is not sure what the thinking was behind this. Commissioner Luke stated that it is bordered by an arterial and a highway. Mr. Gutowsky said that the State requires you to identify the need, and then justify the need to expand. It starts with exception lands and then resource lands. Before the jurisdiction determines how the need will be met, they can indicate whether there are limitations of the land, such as steep slopes. The State will give some flexibility for efficient boundaries, but there is nothing in law to say it has to follow rights of way or lot lines. Commissioner Luke suggested that limited testimony from the public be accepted at this time, even though this was not a hearing. Jan Lee, representing Swalley Irrigation District, commended the County staff on its cooperation. Their work with the City, on the other hand, has been difficult and tumultuous. She pointed out that under Goal 5, siting a 2500 acre subdivision next to Tumalo State Park is not appropriate. Statute says that classification of soil is critical. The City wants to do this in another way and does not recognize the problem of taking irrigated acres out of the district. One is an 800 acre farm with water rights. The District's infrastructure is also impacted, and piping and operational changes would be necessary. They will have to assess others for the 22% that is lost, and this will be a big issue. Also, the UAR will take at least that amount of land additionally. Commissioner Luke noted that Arnold Irrigation District had been impacted in the past. They did some trade -offs of surface water for wells. He asked if this has been discussed. Ms. Lee stated that they piped much of their system and added water to the river, but if any more is lost there will not be enough to distribute to the users. They don't have a place to move the water to. The proposed auto mall cuts into Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 8 of 10 Pages the resource land, as the City doesn't want this in Juniper Ridge. The new infrastructure would be very expensive and the cost will fall on the citizens of Bend at an inordinately high level. Dixon Ward said that he appreciates the effort to bring in the Ward property. They have engaged a land use attorney and will have a formal response. He feels it makes sense to have the whole piece included and not just two - thirds of it. Commissioner Luke stated that it doesn't make sense to divide a property that is under the same ownership. Mr. Gutowsky said that if the need can't be met inside the existing UGB, the priorities are established per statute. The arguments that Swalley Irrigation exception land be included seem to hold some evidence that it could be an exception to Goal 4. That is the highest priority for expansion. The idea is that there is a hierarchy within each priority. Some of the land is dry with no irrigation. That would be the highest priority within the category. If not, you go to the next priority. The same thing holds true for resource lands. The last priority would be fully irrigated land. The argument that Swalley land is irrigated means the City has to show that this is proper, rather than considering dry land first. The City will do a risk assessment as to the priorities, but it likely has not been fully tested in case law. The City has to apply its needs according to statutory priorities. Ms. Craghead pointed out that the hierarchy outlined has been debated as to how much wiggle room there is. The whole process prompted the 2007 legislature to categorize. But this expansion process was started before then, so there is a question as to whether it applies in this case. Mr. Gutowsky said that Goal 5, ESEE (Environmental, Social, Economic and Energy) impacts are a big part of this issue. In regard to urban reserve, the City will acknowledge a twenty -year land need and conservatively estimate the thirty years after that. It will probably be a modest increase over what is in reserve now. Commissioner Baney asked if the City has fully utilized what is already within the City and if that has an impact on what they want included in the UGB annexation. Mr. Gutowsky said this does have a bearing. Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 9 of 10 Pages 16. ADDITION TO THE AGENDA Before the Board was Consideration of Signature of Order No. 2008 -092, Appointing Erik Kropp as the Deschutes County Public Health Administrator. Dave Kanner explained that Dan Peddycord left as Director of the Health Department, and he recommends Erik Kropp act as interim director. The State and others need to know who is handling the statutory responsibilities tied to the position. The recruitment for the position will be opened as quickly as possible. Mr. Kropp's background is not in public health, but he is surrounded by staff and medical officers who oversee medical issues. Mr. Kropp's responsibility will be administration of the department. BANEY: Move approval. DALY: Second. VOTE: BANEY: Yes. DALY: Yes. LUKE: Chair votes yes. Being no further items to come before the Board, the meeting adjourned at 11:20 a.m. DATED this 12th Day of November 2008 for the Deschutes County Board of Commissioners. ATTEST: 6741-am-- 6(7,c/te, Recording Secretary Dennis R. Luke, Chair Tammy e Chair ichael . Daly, ommissioner Minutes of Board of Commissioners' Business Meeting Wednesday, November 12, 2008 Page 10 of 10 Pages s 0 A Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHLTTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 12, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend 1. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign -up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. CONSIDERATION of Second Reading and Adoption of Ordinance No. 2008 -034, Amending County Code in regard to Corrections Supervisory Authority Board Membership — Ken Hales, Community Justice 3. CONSIDERATION of Signature of Document No. 2008 -596, the Accountable Behavioral Health Alliance Contract with the Oregon Division of Medical Assistance for Mental Health Services for Oregon Health Plan Members — Sherri Pinner, Mental Health Department 4. CONSIDERATION of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2008 -026, regarding Code Violations and Enforcement — Laurie Craghead, Legal Counsel CONSENT AGENDA 5. Signature of Resolution No. 2008 -141, Appropriating a New Grant in the Mental Health Department 6. Signature of Resolution No. 2008 -142, Transferring Appropriations in the Information Technology Reserve Fund Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 1 of 7 Pages 7. Signature of Order No. 2008 -090, Assigning the Name of Wild Horse Trail to an Unnamed Access Road 8. Signature of Order No. 2008 -089, Assigning the Name of SW Indian Court to an Unnamed Access Road 9. Signature of a Letter Appointing Ramon Hone' as the Ex- Officio County Representative of the Deschutes County Historical Landmarks Commission 10. Economic Grant Request: • Kashmir Family Aid — Redmond School District Project - Commissioner Baney granted $1,000 and Commissioner Luke granted $500. 11. Approval of Minutes: • Business Meeting: November 3 • Work Sessions: July 23; November 3, and 10 CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT 12. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE DISTRICT 13. CONSIDERATION of Approval of Accounts Payable Vouchers for the Extension/4 -H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 14. CONSIDERATION of Approval of Accounts Payable Vouchers for Deschutes County 15. DISCUSSION of Bend Urban Growth Boundary Expansion Issues — Peter Russell and Peter Gutowsky, Community Development 16. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 2 of 7 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled. dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388 - 6572.) Monday, November 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Tuesday, November 11, 2008 Most County offices will be closed to observe Veterans' Day Wednesday, November 12, 2008 8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, November 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, November 17 through Friday, November 21 Annual Association of Oregon Counties' Conference, Eugene Monday, November 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 5:00 p.m. Public Hearing with City of Bend Council on Urban Growth Boundary Expansion — at City Hall Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 3 of 7 Pages Wednesday, December 10, 2008 8:00 a.m. Public Affairs Counsel (State Lobbyist) Conference Call 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, December 11, 2008 10:00 a.m. Quarterly Update with Mental Health Department 11:00 a.m. Quarterly Update with Health Department Monday, December 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 17, 2008 10:00 a.m. Youth Challenge Graduation Ceremony 1:30 p.m. Administrative Work Session — could include executive session(s) 5:30 p.m. (Tentative) Continued Hearing on Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Thursday, December 18, 2008 9:00 a.m. Quarterly Update with Fair & Expo 10:00 a.m. Quarterly Update with Community Justice 11:00 a.m. Quarterly Update with the Commission on Children & Families Monday, December 22, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, December 25, 2008 Most County offices will be closed to observe Christmas. Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 5 of 7 Pages Monday, December 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, December 31, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session — could include executive session(s) Thursday, January 1, 2009 Most County offices will be closed to observe New Years Day. Monday, January 5, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Tuesday, January 6, 2009 1:30 p.m. Budget Committee Overview and Update Wednesday, January 7, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Thursday, January 8, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, January 12, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Wednesday, January 14, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 6 of 7 Pages Monday, January 19, 2009 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 21, 2009 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, January 26, 2009 10:00 a.m. 1:30 p.m. Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Wednesday, January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session — could include executive session(s) Monday, February 2, 2009 10:00 a.m. 1:30 p.m. 3:30 p.m. Wednesday, 10:00 a.m. 1:30 p.m. 5:00 p.m. Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Regular Meeting of LPSCC (Local Public Safety Coordinating Council) February 4, 2009 Board of Commissioners' Meeting Administrative Work Session — could include executive session(s) Regular Meeting with City of La Pine Council, in La Pine (location to be determined) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY. Please call (541) 388 -6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Wednesday, November 12, 2008 Page 7 of 7 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org ADDITION TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., WEDNESDAY, NOVEMBER 12, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St, Bend CONSIDERATION of Signature of Order No. 2008 -092, Appointing Erik Kropp as the Deschutes County Public Health Administrator IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: ./ Mailing Address: (�.. Phone #: Address: Date: r� Subject: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: (f Mailing Address: r Phone #: E -mail Address: Date: Subject: November 12, 2008 Ms. Nancy Blankenship Deschutes County Clerk 1300 NW Wall St. Bend, OR 97702 Dear Nancy: Board of Count Commissioners 1300 NW Wall St, Suite 200 • Bend, OR 97701 -1960 (541) 388 -6570 • Fax (541) 385 -3202 www.co.deschutes.or.us board @co.deschutes.or. us Tammy Baney Michael M. Daly Dennis R. Luke The Board of Commissioners wishes to commend and congratulate you and your staff on the fine job you did with the recent election. As we all know by now, we experienced a record turnout for this election, and you were able to get all of the votes counted in a timely manner. What's more, the dedication shown by you and your staff in staying through the night and into the next day to get the final results reported represents public service at its finest; a model of which all Deschutes County employees and elected officials can be proud. Again, we are pleased with and proud of the job you and your staff did in the November 2008 election. Thank you for a job well done. Sincerely, The Deschutes County Board of Commissioners Tammy Baney, vice chair chael M. Daly, commi 'toner Enhancing the Lives of Citizens by Delivering Quality Services in a Cost- Effective Manner 710 WALL STREET PO Box 431 BEND, OR 97709 [541] 388-5505 TEL [541 ] 388 -5519 FAX www.ci.bend.or.us MEMORANDUM TO: Bend City Council Deschutes County Board of Commissioners FROM: Brian Shetterly, Long Range Planning Manager, City of Bend DATE: October 29, 2008 SUBJECT: Bend Planning Commission UGB Recommendation (City File No. PZ -07 -361) This memo summarizes the Bend Planning Commission's action in recommending a UGB expansion alternative and related amendments to the Bend City Council. On October 27, 2008 the Commission held a joint public hearing with the Deschutes County Planning Commission to consider the UGB expansion Alternative 4 package, as well as several draft amendments to the County Comprehensive Plan and County Code. After receiving testimony from 30 citizens, both Commissions closed the hearing. The Bend Planning Commission then continued its meeting to the following evening, October 28, 2008, to conduct deliberations and adopt a motion of recommendation to the City Council. During the October 28 meeting, the Commission discussed input received during the hearing, heard comments from City staff, and considered all aspects of Alternative 4. After approximately two hours of discussion, the Commission adopted the following motion by a 5 -1 vote: The Planning Commission recommends to the City Council adoption of UGB Alternative 4, and related amendments for City Fie No. 07 -361, based on findings and conclusions contained in agenda packet materials for the Commission's October 27, 2008 meeting, subject to the following modifications: 1. Remove the Goal 5 study area `clouds" from the west -side parcels and instead estimate approximately 299 acres of ASI land as being located within the proposed UGB expansion area. 2. Add an approximately 300 - foot -wide residential buffer along the Hunnell Acres Subdivision in the Bowery Lane neighborhood. 3. Increase the low- density residential transition buffer zone on the Miller -Day properties from approximately 360 feet to approximately % mile. The Commission also recommends that the Council consider the following: 4. Consider transferring the additional residential land need created by enlargement of the low - density transition buffer on the Miller- City Council / County Board Memo UGB Recommendation Page 1 of 5 Day properties to either Section 11 or the Buck Canyon property or both. 5. Consider whether Section 11 should be increased in size to accommodate master - planning. 6. Consider whether the J. L. Ward Co. property known as the "thumb" should be increased in size to accommodate master - planning. 7. Consider limiting any restrictions intended to enforce the location of the auto mall to the designated site on North Highway 97 to last for a period of not more than five (5) years. Further, Planning Commission directs staff to prepare a memorandum summarizing BPC deliberations in this matter for review and comment by Planning Commission and delivery to City Council with this recommendation. The Alternative 4 boundary, which is the subject of the Planning Commission's recommendation, is shown on three attached maps. These are the proposed General Plan Map, the proposed Bend Zoning Map, and the proposed Bend Urban Area Framework Plan Map. City Council / County Board Memo UGB Recommendation Page 2 of 5 Bend Urban Area Proposed General Plan Map 027COE 11L1MAI 0 PAPA. R.13 RAJ 'I- IN Aes sis rItipteAeLA _ . DRAFT F '1.11Cr Mame P an Area Area 1 Ocovreriaal Residensal 452 TOTAL .515 Area 2 Canmeroal Resfelernal zta TOTAL .31a Commercial Iroaustala Reikirtfltr-3: TOTA- Area 5 Commercia Residerrtial 33 TOTAL 25P 4C Area 6 Commercial 15 Iriclusral Resderflial TOTAL 143 Area 7 Corrrnercial 13 Resdential 1301 TO-AL 14i4 Area 4 Commtroal ^: .57112 I Re: ? T:71-4._ 4:3,, /eat Ye arl la 'De 'r !t( anf A.cde pc,Ite a eat:, rt .,ts :ea C:ta - las t: r •ne— afz'JA Crtt.:.2C7e: en- ti,2 F a I S. ccr,rner, al Ye Wen :7r :yr 7. • SHOGI4CeilEAD guk1511+ c 5 DRAFT C 2 F1CAA1110 re0 HAL'As: 14 Wel Maimaii■IMMINI VI es A,32 7'ereree el tree Chi evil/ SCS1,13:141' kilo* General Plan Designatcn Urba- Reserve Res :endal ' Urba- Reserve *PI Urb .eserye ,lurface Mir .7g E:e1S1rig ICIPr cp:sel 1.:GB a,: .1 • 027:8: Goa F. 7,11,e.-,.• Ansa km Park stte F-77-1 :Io It errretery !a. • •••■ rre,m,le -e: e•e: wee: _ Tan PeS,VE Ree aertla 3. n.; tee • ■ertle- :e ve-e: r11.utieei )11 :'Ia. :, Dar.: ;•elner : re, City Council / County Board Memo UGB Recommendation Page 3 of 5 Bend Urban Area Proposed Zoning Map 111'27:Z:108 TLINA1,0 AVM. RD o • • • .,W91 ,1■1 DRAFT efekiCO-W o9P tt. ' thLit 1C3 RD 1,11 4,..„LL. 14. DRAFT,1%., 00‘.. I-!41 K ,CI I L-S, K- 1 2 !=milnEwei_ _Jimm■IMINNININI ule5 • ' 37 ,;''T rlre: , 1te CR; c.' aerC C. ce Zor in 41).4'rrp 10 2-1.;2 Jrf-.72 E Vr'-g W =uti :iie Elts11i1g 2,5 Fail Vie =I Frcp:sed UG9 .1 • CO27 7.1a c It C--idy..Ye:5 cenet City Council / County Board Memo UGB Recommendation Page 4 of 5 a Bend Urban Area Framework Plan Map • f f eS1 ..; Lt '1 , 7 'ft, 7 7 eamAil\-eimmemplo )1 I— FC 1 31X LH rD rev,LF.`' 11. DRAFT V3s:er P, a- Area Trass araa: are r 7ater tc ra:Lr arrel ar1 3 1 :3, r at La.!: cet :,c _rt c.e le: eI . 'cc : ractecerl &X :al—cte Cle5: eel!: fe, elee • 1' •e 1.1 S'S .t. 5 49 4r/L DRAFT," > — f NT. Avg, ■ J 02.sop • rrt. • 1 Col • ICITaL 1 LI 1'4,4. S • L. Alma= . 'TOTAL 14.1. 14. 41 • LE, su. MIle) PrOPI 1 .AILEL 4r.■ Frcpmed L 144/1 :L 1—cspitsc ME L = PF 1.1 Uri i.kersi:y R. Insututiona ut-11 Fac and adddionai kit,: b S:hoc, 7. arks =1,-1 Sceca 2 CS *ad rat OC. rade: arr rres re ce-ecaec h rescie—la re a: We T11,30e le Thee, ctret 00 rcatc.: st rg JGE ro; set, LIG:S Es:Isltr; C 7.4 ;,sf.st; Ce tr•-stry 2..s.,,31 5 111Lly Area. 5vistir; c;cr,:oi C1 P1tl OPE' s City Council / County Board Memo UGB Recommendation Page 5 of 5